Deepak Maheshwari, J.

1. This misc. appeal is directed against the judgment & decree dated 22.05.2014 passed by the ld. Family Judge No. 1, Jaipur in Suit No. 01/2006 (Kailash Chand Meena v. Smt. Gopi Devi Meena), whereby he dismissed the suit seeking to declare the marriage between the parties as null & void. The short question involved in the appeal for our consideration is that whether the resolution dated 17.01.2004 (Ex. 1) of Caste Panchayat to dissolve the marriage between the parties as per the customs prevalent in then-caste, who are members of Scheduled Tribe and therefore, exempt from the applicability of the Hindu Marriage Act, 1955 ('the Act') u/S. 2(2) of the said Act, can be relied upon as an authentic and genuine document. This issue is to be examined further whether affidavit (Ex.-2) allegedly sworn in by respondent Gopi Devi and the marriage dissolution deed (Ex.-3) can also be given credence or not?

2. The suit came to be filed by appellant-plaintiff Kailash Chand Meena on 15.12.2005 in ld. Family Court No. 1, Jaipur with the averments that both the parties belong to caste 'Meena', whose marriage took place on 25.05.1983 as per Hindu customs & rituals at village Kishorepura, Tehsil Jaipur. Age of plaintiff was 08 years & that of defendant was 04 years respectively at that time. They were not aware of any marital ties and its obligations. No 'Gauna' (consummation of marriage) took place between them and therefore, no issue was born out of the wedlock. They never accepted each other as husband & wife. Family members & caste fellows got the marriage dissolved as per the extent traditions of Meena caste and mutual consent of both the parties in the community Panchayat held on 17.1.2004. It was also alleged that a marriage dissolution deed was also executed by the parties and got notarized on 01.10.2004. Despite this, respondent-defendant raised the demand for maintenance allowance and refused to acknowledge the dissolution of marriage. It was also averred that prior to it, a suit for declaration of dissolution of marriage was filed in ld. Family Court No. 2, Jaipur, which was withdrawn on 07.12.2005 for some legal and technical lacunas. A decree for declaring the marriage dissolved as per the decision of the caste Panchayat dt. 17.01.2004 was prayed for by filing the suit.

3. In reply filed by respondent-wife Smt. Gopi Devi, she stated that the marriage took place on 25.03.1983 instead of 25.05.1983. After six years of marriage 'Gauna' was ceremonised and wife stayed in the house of plaintiff. The alleged caste Panchayat's deed of dissolution of marriage is false & fabricated and so also her affidavit. In this regard, a criminal complaint was also filed by her, which is pending trial. The respondent has completely denied the existence of dissolution deed of marriage dt. 17.01.2004 prepared by caste Panchayat. It has also been mentioned that the plaintiff has not withdrawn the earlier suit with the permission to file fresh and the same was withdrawn on account of the fear of being punished for the false & fabricated caste Panchayat resolution dissolving the marriage. The said resolution dt. 17.01.2004 and the so-called affidavit of respondent has been forged by the plaintiff just to get rid of her. It was further averred that since the criminal case for forging the alleged caste Panchayat resolution is pending before the criminal court of a competent jurisdiction, the suit is premature and is not maintainable, and therefore, may be dismissed.

4. On the basis of the pleadings of the parties, following issues were framed by the ld. Family Judge:-

(I) Whether the marriage between the parties was dissolved as per the decision of caste Panchayat?

(II) Whether the plaintiff is entitled to get decree declaring the marriage between the parties dissolved?

(III) Relief?

5. The plaintiff got himself examined as PW-1 along with four other witnesses namely Ramdhan (PW-2), Rajesh Meena (PW-3), Ram Kunwar (PW-4) & Ramjilal (PW